Rightful Firing?

[Ordwald]

I am not sure if this is under your jurisdiction... but I am trying to figure out whether an employer can rightfully fire an employee over derogatory remarks posted on an employee's myspace account?(Referring to the employer's business as "Gravediggers, Inc.," etc.)

[Pay]

Wow... that is a really good question... and very relevant right now.  I'll do the best I can with it...

I believe that an employer MAY terminate an employee's employment for derogatory remarks on a Myspace page.  This would especially apply if you live in a "right to work" or "employment at will" state.  This basically means that either you or your employer can terminate your employment at anytime for any reason...

Now... there are a lot of other considerations here.  Since technology is advancing so rapidly, the law hasn't always caught up with it.  That's one point.  Another is the type of job you have, whether you belong to a union,  etc.....  These would all impact your available options....

My first inclination is to say yes... they can terminate you... however; since I am not a lawyer, I'm going to strongly suggest you contact an attorney who specializes in Employment Law... It would be wrong for me to give you any legal advice.

Many times the initial consultation with an attorney is at a free or reduced price.  Also... if money is an issue, check into your local legal aid clinics... they may be able to help.  You can contact your state's bar for an attorney referral or referral to a legal aid clinic in your area...

Good luck... I hope this has helped.  Important to remember though that email, websites, etc. are NOT a secure medium and it's best to carefully consider what you post....If you wouldn't want your parents or your employer to know what you said, the safest thing is not to post it! I'll be pulling for you!